Jul 30, 2004 3:58am
Re: Band Rant!!!!
Thanks very much for the correction... I maybe should have been more precise:
Once a work is in the public domain it cannot be removed from the public domain. This much is well-settled law.
Regardless of them being able to withdraw permission,and remove their material, once a work is public domain, it cannot be copyrighted, (derivational works can be copyrighted - for instance, I could publish an illustrated Tom Sawyer, and copyright the work, however my copyright would not cover the words in the book but only the book itself and the illustrations, layout, typography, binding style, cover art, etc.) Samuel Clemens cannot copyright Tom Sawyer again once it is in the public domain, notwithstanding that his copyright ran out, and his work was not 'placed in the public domain', the effect is the same when a work is voluntarily placed in the public domain.
I think that Phish's lawyers understandably believe that granting permission to archive their music would be equivalent to putting it in the public domain... and therefore make it more difficult for them to exercise their lawyer skills to retain the band's financial interest in their own music.
I believe that if it were explicitly stated, that they do not give their work to the public domain when they archive on archive.org, that the handful of 'no permission' bands would grant permission.
However, new stuff makes lawyers nervous.
Don't beat Phish up over it.
It's not like 'they have the music, they just won't let us have any'...
...they are publishing as much live music as they can, so everyone can have it and not just those of us with a good net connection and a cd burner, or who are able to afford a portable sound studio and tickets to the show. (
This post was modified by glenn on 2004-07-30 10:58:24